Da'Shawn Hand arrested for DUI

#126
#126
volfannbama said:
Hand was sleeping in is car while drunk and will be playing against FSU. Google is your friend.
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So is that what actually happened or what is being reported?

You said there was a difference so I'm assuming you would be able to point that out.
 
#128
#128
Orange_Vol1321 said:
How did dude get there? Was that where he parked after leaving somewhere chitfaced?

The lights were on and engine running. Volfaninbama can correct me if I'm wrong with his profession but I'm pretty sure whether the car is running or not the keys just have to be in the ignition to get a DUI or DWI.
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The keys were in the ignition and the car was running. That's why he was charged with DUI.
 
#129
#129
Orange_Vol1321 said:
How did dude get there? Was that where he parked after leaving somewhere chitfaced?

The lights were on and engine running. Volfaninbama can correct me if I'm wrong with his profession but I'm pretty sure whether the car is running or not the keys just have to be in the ignition to get a DUI or DWI.
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Yeah, Alabama law requires either Driving or in actual physical control. For APC, you usually look for the driver being behind the wheel, keys in ignition and operatable car.
According to actual reports, Hand was found in a parking lot near campus at 430am. Bars in the area close at 2. The headlights were on and car was running. Hand did not walk out of a bar drunk and decide to smartly sleep it off. He had driven the car to where he was.

I can tell you if i were in Knoxville and a player was trying to do the right thing by sleeping right outside a bar, im calling him a ride 100% of the time. I know several cops in Tuscaloosa and i can confidently say they would all do the same. I have done it several times for an average citizen as well. Their would have to be some other circumstance where i would make the arrest, which is what im guessing happened here.

And so you know, several of my post here are just ballbusting our Alabama bretheren here. Please dont take them too seriously.
 
#130
#130
volfannbama said:
Most officers know when someone is trying to do the right thing and will likewise let them off the hook in a case like Hands. You could expect this attitude to be multipled when its in a college town and the cops are likely huge fans of the team.
In a situation like this, there is usually some other circumstance that leads to the arrest. Thats my guess of what happened here. And we all know Saban has major influence on things that happen there. So it wouldnt be too far fetched that the higher ups took this over and ensure Hand is playing against FSU.
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Why charge him at all?
 
#132
#132
Thunder Good-Oil said:
In TN and in Alabama you can be charged with DUI if you're drunk, in your car, and the keys are in your pocket. That's a law that needs to change.
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Absolutely not, i arrest a guy once i knew was drunk and leaving a gas station. The guy was slick and had a toogle switch and used that as a defense that is car was inoperable. I guess he was too drunk to remember that we started his car to check after he told us his battery was dead. If you take away that law the guy drives away. There is a good use for the law. Cops are not walking through parking lots arresting people with keys in their pockets man cmon on.
 
#133
#133
volfannbama said:
Yeah, Alabama law requires either Driving or in actual physical control. For APC, you usually look for the driver being behind the wheel, keys in ignition and operatable car.
According to actual reports, Hand was found in a parking lot near campus at 430am. Bars in the area close at 2. The headlights were on and car was running.
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How does all of this ^ lead to this conclusion:

Hand did not walk out of a bar drunk and decide to smartly sleep it off. He had driven the car to where he was.
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?
 
#139
#139
bamawriter said:
The keys were in the ignition and the car was running. That's why he was charged with DUI.
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They are fact specific cases. You are right that those are key facts. If a person truly wants to sleep it off, you turn the car off and put the keys in the trunk.

Obviously, to be safe, you don't do it all and call for a ride.
 
#140
#140
VolGee4 said:
They are fact specific cases. You are right that those are key facts. If a person truly wants to sleep it off, you turn the car off and put the keys in the trunk.

Obviously, to be safe, you don't do it all and call for a ride.
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That makes sense to us sober (presumably) guys in this thread.

When you're drunk leaving a bar at 2am, you don't make a lot of intelligent decisions. If he really didn't drive anywhere and slept in the car with it running (which isn't that big of a stretch IMO) then I think he made the right decision. Just maybe didn't execute that decision like he should have, if that makes sense.
 
#141
#141
volfannbama said:
Hand is drunk, parked in a lot with no where to get drunk, 2.5 hours after all bars have been closed. No alcohol in the car. The car is running, headlights on.
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A quick Google search returns multiple bars that are open til 3 on Fridays (Saturday AM).

So your position is that it's unlikely that Hand could have been asleep for an hour or so?
 
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#142
#142
Thunder Good-Oil said:
In TN and in Alabama you can be charged with DUI if you're drunk, in your car, and the keys are in your pocket. That's a law that needs to change.
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It's not changing. It's been on the books for a while, and MADD has a strong lobbying group in TN. The laws are getting tougher; not the other way around.
 
#143
#143
VolGee4 said:
They are fact specific cases. You are right that those are key facts. If a person truly wants to sleep it off, you turn the car off and put the keys in the trunk.

Obviously, to be safe, you don't do it all and call for a ride.
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Like I said, good decision with poor execution. I am not suggesting that Hand should not have been charged.
 
#144
#144
volfanngatorland said:
That makes sense to us sober (presumably) guys in this thread.

When you're drunk leaving a bar at 2am, you don't make a lot of intelligent decisions. If he really didn't drive anywhere and slept in the car with it running (which isn't that big of a stretch IMO) then I think he made the right decision. Just maybe didn't execute that decision like he should have, if that makes sense.
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I am just telling it as if you want to legitimately have a reasonable defense. I have been a defense attorney for 12 years. It's not a specialty, but I have handled quite a few DUI cases.
 
#145
#145
VolGee4 said:
I am just telling it as if you want to legitimately have a reasonable defense. I have been a defense attorney for 12 years. It's not a specialty, but I have handled quite a few DUI cases.
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I understand, and agree with what you say 100%. That's clearly the right thing to do.
 
#147
#147
VolGee4 said:
They are fact specific cases. You are right that those are key facts. If a person truly wants to sleep it off, you turn the car off and put the keys in the trunk.

Obviously, to be safe, you don't do it all and call for a ride.
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Just give Steve Oberman a call, if you get a DUI.
 
#149
#149
VolGee4 said:
You vote in the people who make those laws, and it's been the law for a while now. I have to defend cases just like it. But that's what it is.
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Let's not pretend that we have a significant portion of candidates who are running on that premise or that laws represent the will of the people in general.
 
#150
#150
bamawriter said:
Like I said, good decision with poor execution. I am not suggesting that Hand should not have been charged.
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Your not understanding. He was near campus not near the bar. He had to leave the bar and drive to where he was sitting when he passed out.

There was no good decision. He got to where he was going but passed out once he parked.
 
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